SB 134-TERMINATION OF PARENTAL RTS;GUARDIANS  1:37:40 PM CHAIR COGHILL announced the consideration of SB 134. He noted there was one person online to testify on the bill. 1:38:12 PM SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska, sponsor of SB 134, advised that the gentleman on the phone brought the issue to her attention, but the bill is not an attempt to intervene in his ongoing case about a custody issue. That contact did highlight the issue about parental rights when a child is the result of rape or sexual assault. Existing statutes do cover this. Parental rights may be terminated in three ways: 1) a child in need of aid (CINA) case where the child has been abused, neglected, or abandoned; 2) a child can be freed for adoption under certain circumstances; and 3) when the child is conceived in rape. The problem is that despite the statutory language, some people dispute that parental rights can be terminated based on the child's conception. The bill seeks to clarify the existing policy that termination of parental rights should be with court approval and in the best interests of the child. Not many Alaskans are affected by this, but it is a huge issue for the people that are. She said we believe it is important for a women who is pregnant by rape to be confident that she can avoid being locked into a long-term relationship with the person who raped her if she chooses to keep the child. She noted that the statutes are gender neutral. 1:41:21 PM NATHANIEL GRABMAN, Staff, Senator Berta Gardner, Alaska State Legislature, Juneau, Alaska, stated that in 1987 AS 25.23.180(c)(3) was enacted. The legislative intent was to create a mechanism for a woman to terminate the parental rights of a father. In 2015, Congress passed the Rape Survivor Child Custody Act that allocated money for states that passed laws that allowed for the termination of parental rights in cases where the child was conceived in rape. Alaska has received that money each of the last two fiscal years and recently applied for the upcoming year. The reason for the bill is that AS 25.23 is specific to adoption and some family law attorneys and judges may be unaware of the provision to terminate parental rights in the circumstance of rape. In at least one case a judge interpreted the statute as not relevant to a case which did not involve adoption or Child in Need of Aid proceedings. The bill seeks to clarify the existing language and raise awareness of its existence. CHAIR COGHILL asked Mr. Grabman to go through the sectional focusing on the key element and conforming parts. 1:43:43 PM MR. GRABMAN said most of the sections in the bill reference Section 11 so he would start there. Section 11. Restructures AS 25.23.180(c) to clarify that termination for parental rights may be ordered in an independent proceeding on the grounds that a parent committed an act constituting sexual assault, sexual abuse of a minor, or incest that resulted in the conception of a child. Sections 1 and 2. are conforming language. Section 3. Authorizes the court to appoint a guardian ad litem for cases involving petitions for the termination of parental rights of a parent who has committed an act constituting sexual assault, sexual abuse of a minor, or incest that resulted in the conception of a child under section 11 of this bill. Sections 4 through 10. are conforming language. Sections 12 through 15. are conforming language. Section 16. Adds a new subsection to AS 25.23.180 to clarify that a petition for termination of parental rights for the grounds specified in section 11 of the bill may be filed to initiate an independent proceeding not connected to a petition for adoption or a proceeding under AS 47.10. Section 17. is conforming language. Section 18. Describes how AS 25.23.180, as amended by this bill, has the effect of changing court rules. He noted that the Tracy Spartz Campbell, the deputy director of the Office of Children's Services, and Nancy Meade, the general counsel of the Court System, were available to answer questions. 1:45:44 PM CHAIR COGHILL asked Ms. Meade to talk about the effect of the court rule modification and how the new petition will work. 1:46:23 PM NANCY MEADE, General Counsel, Administrative Office, Alaska Court System, Anchorage, Alaska, explained that because the court has rules on a similar subject in the adoption area, the court will look at whether this statutory change would cause the court to change the wording in the court rule. Generally, the court puts a notation on the rule so people know they can take advantage of this statutory process. Thus, a direct court rule change may not be necessary. CHAIR COGHILL asked if the petition for termination of parental rights referenced in Section 16 is in existing statute that the bill makes it more explicit. MS. MEADE said yes. If the bill passes, the court will look at whether the existing petition to terminate parental rights needs modification to accommodate termination in the circumstance of rape. 1:48:46 PM CHAIR COGHILL asked Tracy Spartz Campbell if the proceeding in AS 47.10 referenced in Section 11 is a common civil proceeding for terminating parental rights. TRACY SPARTZ CAMPBELL, Deputy Director, Office of Children's Services (OCS), Department of Health and Social Services (DHSS), Juneau, Alaska said that's correct. CHAIR COGHILL asked if it asks for any new information. MS. SPARTZ CAMPBELL replied we don't see that the bill will change the way OCS currently does business. 1:49:41 PM CHAIR COGHILL opened public testimony on SB 134. 1:50:04 PM MILES CURTIS, representing self, Petersburg, Alaska, stated support for SB 134. He said he is the grandfather of a child conceived in rape and his family has been involved in a five- year custody battle. His daughter was young when she was raped and he raised the child for the first six years. At age six the child was placed with the offender in Petersburg. He said the custody battle will probably go on until the child reaches age 18. The court did not recognize the existing law. Senator Gardner's bill will clarify the law but it is not the higher standard that other states are implementing. He suggested amending the language to require the unfit parent to prove they are fit. He said the biggest issue in his case is that the abuser has court support and can continue to be abusive to the victim. He would like a statutory amendment to change the court's direction. For example, Washington State passed a law making it easier for the victim to petition the court for termination outside the custody case. He continued to relate the particulars in his case. CHAIR COGHILL asked the sponsor if she had any final comments. 1:56:36 PM SENATOR GARDNER said Mr. Curtis has a heartbreaking tale and was instrumental in bringing the issue to her attention, but the bill is not trying to influence his case. She agreed that a person who has a child as a result of rape should have control over any contact afterwards. It is also appropriate that a judge should make the determination assisted by a guardian ad litem who makes recommendations about what is in the child's best interest. 1:58:10 PM CHAIR COGHILL said he was willing to move the bill. 1:58:54 PM SENATOR WIELECHOWSKI moved to report SB 134, version A, from committee with individual recommendations and zero fiscal note(s). CHAIR COGHILL announced that without objection, SB 134 moved from the Senate Judiciary Standing Committee.